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Do I need to appear in court for an RJI if I am out of state or can I hire counsel to file dismissal motion?

Q: I live in CA and my spouse filed a "summons with Notice" in an action for Divorce in NYC, 2012. I responded Pro Se with a "Notice of Appearance and Demand" in 14 days. She refuses to file a complaint and/or settle and is happy to just keep me in limbo these last 3 years. The marriage lasted 9 mos with No kids, assets, real estate. I was told by a CA divorce lawyer that he could not proceed because of the pending action in NY. Can I hire NY counsel to represent me in an RJI to request a default or summary judgment for plaintiff failing to file complaint in over 3 years? Thank you in advance

A: David's Answer: Sure - if she's failed to prosecute & nothing's been done on the case for more than 1 year, you have grounds to file a motion to dismiss for failure to prosecute. That said, if she responds by contesting the divorce, the Judge will probably allow her to do so. Schedule a consult with a NYC Divorce attorney for a full assessment. -- David Bliven, Bronx Divorce attorney (

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